Ragavendra v. Ishwarya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13.03.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI CRL OP(MD) No.13404 of 2022 and Crl.M.P.(MD) Nos.8541 and 8542 of 2022 1.Ragavendra 2.Ramamoorthy 3.Dhakshayani 4.Tejaswini ... Petitioners Vs 1.Ishwarya ... Respondent PRAYER :- Criminal Original Petition file under section 482 of Cr.P.C., to call for the records relating to the proceedings in DVC No.23 of 2022 on the file of the Judicial Magistrate, Additional Mahila Court, Tiruchirappalli and quash the same as illegal. For Petitioners : M/s.N.Anandakumar For Respondent : M/s. S.Ramakrishnan for Mr.B.Jameelarasu

ORDER

This petition has been filed to quash proceedings in DVC No.23 of 2022 on the file of the Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.

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2. It is the case of the respondent/wife that the petitioners are the in-laws of the respondent and the first petitioner is her husband. The marriage between the first petitioner and the respondent was solemnized on 08.02.2021 and out of the wedlock, they have a son. While so, the marriage life ran into rough weather and hence, a petition was filed for divorce before the family Court, Trichy and a petition was given under the provisions of Domestic Violence Act, which was taken cognizance in DVC No.23/2022, for quashing which, the petitioners are before this court with this petition.

3. When the matter was taken up for hearing today, the learned counsel on both sides would submit that the dispute was amicably settled between the parties and they have also obtained a decree for divorce.

4. To substantiate the said compromise arrived at between the parties, a Joint Memo of Compromise dated 13.03.2024 has been filed before this Court, which has been duly signed by the petitioners and the respondent and also by their respective counsels and that the respondent has agreed to withdraw the above proceedings pending in DVC No. 2/5

23/2022 before the Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.

5. Considering the nature of allegations and in view of settlement agreement dated 13.03.2024, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, the proceedings in DVC No.23/2022 pending on the file of the Judicial Magistrate, Additional Mahila Court, Tiruchirappalli, in respect of the petitioners/accused alone, are hereby quashed.

6. It is seen that though a compromise has been arrived at between the parties, for the welfare of the son of the complainant, apart from the other settlement/maintenance, which has been agreed or settled, the petitioner, ie., petitioner No.2, who is the grandfather of the son of the complainant, shall pay a sum of Rs.1,00,000/- (Rupees one lakh alone), to the complainant for the welfare of the child, within a period of four weeks from the date of receipt of a copy of this order, failing which, the order shall stand automatically cancelled, without further reference to this Court.

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7. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. Consequently connected Miscellaneous Petitions are closed. The settlement agreement dated 13.03.2024 shall form part of this order. 13.03.2024 RR TO 1.Judicial Magistrate, Additional Mahila Court, Tiruchirappalli, 4/5

M.DHANDAPANI. J RR

ORDER

IN CRL OP(MD) No.13404 of 2022 Date : 13.03.2024 5/5